UTMC cleared in malpractice case | Toledo, Ohio Medical Malpractice Lawyer

Wednesday the Ohio Supreme Court unanimously ruled that a doctor who was accused of malpractice doesn't become an "arm of the state" and in doing so become immune from a lawsuit just because a medical student from a public university happened to be observing that day.

Dr. Marek Skoskiewicz, a Doctor from Napoleon, was performing surgery on a patient from his private practice in the Henry County Hospital, which is a private hospital. At the lower court he had successfully argued that he was acting as an arm of the University Of Toledo College Of Medicine because there was a third-year medical student in the room at the time that the alleged malpractice took place. The 10th District Court of Appeals overturned a ruling that was in Dr. Skoskiewicz's favor and then sent the case back to Henry County Common Pleas Court, where it originated. Justice Paul Pfeifer wrote that "Dr. Skoskiewicz and the many other volunteer clinical faculties in Ohio provide an important service." "But that service, however commendable, does not transform the volunteers behind it into an arm of the state." If the ruling had come out in the Dr's favor this could have left the University open to a potential liability since he had been appointed as a volunteer clinical instructor by the school and for his role he had received a small stipend through a private, nonprofit organization. The 10th District Court of Appeals found that there was not a contract of employment between Dr. Skoskiewicz and the school, the former Medical College of Ohio. Justice Pfeifer then wrote "In truth, based on the record before us, the appointment did not enable Dr. Skoskiewicz to do anything except, as stipulated, allow students to 'rotate through Dr. Skoskiewicz's practice as part of one-month clerkships" The patient Larry Engel, Jr., had originally filed his malpractice suit in Henry County, claiming that the negligence during two vasectomy surgeries that led to a third surgery in which a testicle had to be removed. Dr. Skoskiewicz did succeeded in having the case dismissed using the argument that the university should be the defendant not him, the case has been placed on hold while separate proceedings were initiated against UT in the Ohio Court of Claims. The President of UT, Lloyd Jacobs, who had felt the case important enough to personally attend the arguments before the court said "I'm really pleased that the University of Toledo finds itself in a leadership role for colleges and medical schools across the state on this important issue." He then went on to say, "I want to highlight the tremendous value of volunteer faculty." Having said this "They've been a part of medical school faculties for at least a century..." the Supreme Court has determined that the amazing volunteer faculty do not automatically become employees of the state with the rights and privileges that pertain to that title. He said "It's a necessary determination in order for the state and medical schools and universities to maintain fiscal integrity." Mr. Engel's attorney, John B. Fisher, said the Supreme Court ruling keeps his client's case alive in Henry County. If the court had found that the school should have been the defendant and not the doctor, the case could have been dismissed because it had not been filed in the correct court, which is the Court of Claims, or filed within the statute of limitations.

If you or someone you know have been injured due to medical malpractice contact our Toledo, Ohio personal injury lawyers at 800.637.8170 to set up a free case evaluation.